beta
(영문) 서울서부지방법원 2018.07.11 2017고정1027

사문서위조

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

around March 2017, at the office of “C” operated by the Defendant located in Seocho-gu Seoul Metropolitan Government, the Defendant: (a) written a subcontracting contract in the name of the owner D with the intent to exercise; (b) written the subcontracting contract using a computer; and (c) written the subcontracting contract by means of a computer; (c) “D” in the ordering column; (d) “D” in the name of the subcontracted construction; (c) on March 20, 2017; (d) the construction period; (d) the construction period; and (d) the construction completion column; (d) on the construction completion column, the “F” and “D” in the contract amount column; (d) “F” and “D” were written in the main column of the principal contractor; and (e) printed it into the main column, “D” and “D” on March 28, 2017 at the site of the construction works located in Gangseo-gu Seoul Metropolitan Government.

Accordingly, the Defendant forged a copy of a real estate subcontracting contract in the name of D, which is a private document on rights and obligations (hereinafter “instant subcontracting contract”).

Summary of Evidence

1. Legal statement of witness G;

1. Statements made by witnesses D in the sixth public trial records;

1. Application of the standard subcontract agreement statutes;

1. Relevant Article 231 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant asserts that the defendant's assertion of Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order was prepared in the name of D with D's implied permission.

According to this court's lawful adoption and investigation, the following facts are as follows: ① D entered into a contract with G on March 1, 2017 and G to contract the construction of new commercial housing (the 36th page of investigation record); ② G entered into a subcontract with the Defendant on the same day and the Defendant on the same day (the 10th page of investigation record); ③ Defendant entering into a subcontract with the contents of subcontracting the said new commercial housing (the 10th page of investigation record); and ③ Defendant entering into a subcontract with H around the beginning of March 2017 and the construction of reinforced concrete among the new construction works.